Monken on Tuesday morning told The State Journal-Register, which asked for the reports, that he believes releasing the documents might even be a crime.

But a senior aide to Madigan informed Monken late in the day via letter that the reports are public records that must be released. And in an interview, another Madigan aide characterized the state police’s position as “absurd.”

“As you are aware, compliance with the Freedom of Information Act is critical as we work to restore the public’s confidence in state government,” wrote Michael Luke, senior assistant attorney general, in a letter to Monken.

“Unfortunately, the manner in which this request was handled demonstrates a continued unwillingness on the part of the Illinois State Police to respond fully and completely to all Freedom of Information Act requests and to comply with that law’s goal of providing the people of Illinois with access to all public documents.

The newspaper’s request was first denied when Larry Trent was state police director. State police claimed that releasing the records would violate Stratton’s privacy, interfere with a law enforcement proceeding and hinder an investigation.

In denying an appeal from the newspaper, Monken, who was appointed by Gov. Pat Quinn in March, said releasing the records would violate three other state laws.

On Tuesday, Monken said that releasing the reports might be a criminal offense.

“Depending on the information we release from an arrest report, I’m personally guilty of a Class A misdemeanor by releasing certain types of information,” Monken said. “It’s been reviewed by many, many sets of eyes to determine what the circumstances are with it, and so far, that’s the process we’re taking: to involve as many of these legal entities as possible to make sure it’s not
just the Illinois State Police saying ‘Eh, we don’t really feel like releasing it,’ because that’s not really the circumstance.

“What it comes down to is whether or not we can legally release that information under the current system that exists.”

Monken suggested that the law might need to be rewritten so that such reports can be legally released.

Not so, according to the attorney general’s office, which has asked Monken to explain how the state Uniform Conviction Information Act, the Criminal Identification Act and the State Records Act — all cited by Monken in refusing the newspaper’s appeal – allow state police to deny an FOIA request for a police report.

Cara Smith, Madigan’s deputy chief of staff, said bringing up new reasons for not releasing documents after a requester appeals a denial amounts to “a shell game.”

The attorney general’s office has long been concerned that state police do not properly respond to FOIA requests, Smith said.

“I think it, unfortunately, demonstrates the continuation of a pattern we thought would have ended,” Smith said. “Out of the blue at the end of the day come three new statutes. There’s no analysis that would justify the application of those statutes to whatever documents they have. … I guess they’re alleging ‘We’re not covered by FOIA.’ Absurd. Absolutely absurd.”

State police have said Quinn’s legal staff assisted with their response to the newspaper’s appeal. Monken did not say whether the governor’s lawyers believe the reports are public records, and Katherine Ridgway, Quinn spokeswoman, ducked when asked via e-mail whether the governor’s office believes the reports are public records.

“We agree with the State Police’s course of action to consult the Attorney General’s office to make sure all applicable laws are complied with,” Ridgway wrote.

The response came after the newspaper asked to speak with Jay Stewart, senior counsel to the governor and former executive director of the Better Government Association, which has long said that the state Freedom of Information Act needs an overhaul to improve access to public records.

The newspaper e-mailed Ridgway a copy of the attorney general’s letter to Monken, and she acknowledged receiving it. But she would not answer questions.

“We are reviewing the letter and will have more information later,” Ridgway wrote in an e-mail.

The attorney general has no power to force state police or any other government agency to release records. In 2006, former Gov. Rod Blagojevich ignored Madigan’s opinion and refused to release federal subpoenas received by his office that had been requested by the Better Government Association and others. The BGA ultimately sued Blagojevich and won.

Jayette Bolinski contributed to this report. Bruce Rushton can be reached at (217) 788-1542 or bruce.rushton@sj-r.com.

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